NCS000037_Final Permit_19950111

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Aldo Donnarumma
Sandoz Chemicals Corporation
P 0, Box 669246
Charlotte, North Carolina 28266
Dear Mr. Donnarumma:
�EHNR
January 11, 1995
Subject: Permit No. NCS000037
Sandoz Chemicals Corporation
Adjudication Withdrawal
Mecklenburg County
In accordance with your Petition for Contested Case Hearing, 94 EHR 1063, and subsequent
Notice of Withdrawal dated January 11, 1995, we are forwarding herewith the subject permit. The
permit has been modified as presented in the draft permit as sent to you November 2, 1994.
This modified permit is issued pursuant to the requirements of North Carolina General Statute
143-215.1 and the Memorandum of Agreement between North Carolina and the U. S.
Environmental Protection Agency dated December 6, 1983.
It is our understanding that this modified permit will resolve all items contained in the Petition for
Contested Case Hearing. If you have any questions concerning this permit, please contact Coleen
H. Sullins at telephone number 919-733-5083.
Sirely,
resto d, Jr. PE.
cc: Mr. Jim Patrick, EPA
Mooresville Regional Office
Jill Hickey, Attorney General's Office
Ethan S. Naftalin, Attorney, Huton & Williams
Michael Teague, Sandoz
Permits and Engineering Unit
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Permit No. NCS000037
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTII, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management Commission,
and the Federal Water Pollution Control Act, as amended,
Sandoz Chemicals Corporation
is hereby authorized to discharge stormwater from a facility located at
Mt. Holly Plant
11701 Mt. Holly Road
Charlotte
Mecklenburg County
to receiving waters designated as Long Creek and Catawba River, class WS-IV CA streams, in the
Catawba River Basin
in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in
Parts I, II, III, and IV hereof.
This permit shall become effective February 1, 1995.
This permit and the authorization to discharge shall expire at midnight on August 31, 1999.
Signed this day January 11, 1995.
Preston oward, Jr., P.E., Director
ivision of Environmental Management
By the Authority of the Environmental Management Commission

Permit No. NCS000037
19 V 0,431110 1 NMI@ 1 IN I I 1
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system which has been
adequately treated and managed in accordance with the terns and conditions of this Permit. All
discharges shall be m accordance with the attached schedules as follows:
Part I: Monitoring, Controls, and Limitations for Permitted Discharges
Part IT Standard Conditions for NPDES Stormwater Permits
Part III: Limitations Reopener
Part IV: Administering and Compliance Monitoring Fee Requirements
Any other point source discharge to surface waters of the state is prohibited unless covered by
another permit, authorization or approval.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgement, or decree.
Page 2

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Permit No. NCS000037
PART I
MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
ECTION A: FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge stormwater associated with industrial activity. Such
discharges shall be controlled, limited and monitored as specified below. These requirements
apply to those areas at the facility which drain into stormwater outfalls covered by this permit.
1. Stormwater Pollution Prevention Plan
The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the
Plan. This Plwi shall be considered public information in accordance with Part II, Standard
Conditions, Section E.8. of this permit. The Plan shall include, at a minimum, the following
items:
a. Site Plan. The site plan shall provide a description of the physical facility and the potential
pollutant sources which may be expected to contribute to contamination of stormwater
discharges. The site plan shall contain the following:
(1) A geneial location snap (USGS quadiwigle snap ui appnopliately drafted equivalent
map), showing the facility's location in relation to transportation routes and surface
waters, the name of the receiving water(s) to which the stormwater outfall(s)
discharges, or if the discharge is to a municipal separate storm sewer system, the
name of the municipality and the ultimate receiving waters; and accurate latitude
and longitude of the point(s) of discharge.
(2) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices.
(3) A site map drawn to scale with the distance legend indicating location of industrial
activities (including storage of materials, disposal areas, process areas and loading
and unloading areas), drainage structures, drainage areas for each outfall and
activities occurring in the drainage area, building locations and impervious surfaces,
and the percentage of each drainage area that is impervious. For each outfall, a
narrative description of the potential pollutants which could be expected to be
present in the stormwater discharge.
(4) A list of significant spills or leaks of pollutants that have occurred at the facility
during the 3 previous years and any corrective actions taken to mitigate spill
impacts.
(5) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in
accordance with the requirements found in Part II, Standard Conditions, Section
B .9.
Page 4

Permit No. NCS000037
b. Stormwater Management Plan. The stormwater management plan shall contain a narrative
description of the materials management practices employed which control or minimize the
exposure of significant materials to stormwater, including structural and nonstructural
measures. The stormwater management plan, at a minimum, shall incorporate the
following:
(1) A study addressing the technical and economic feasibility of changing the methods
of operations and/or storage practices to eliminate or reduce exposure of materials
and processes to stormwater. Wherever practicable the permittee'shall cover all
storage areas, material handling operations, manufacturing or fueling operations to
prevent materials exposure to stormwater. In areas where elimination of exposure
is not practicable, the stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.
(2). A schedule to provide secondary containment for bulk storage of liquid products,
storage of Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) water priority chemicals, or storage of hazardous
substances to prevent leaks and spills from contaminating stormwater runoff. If the
secondary containment devices are connected directly to stormwater conveyance
systems, the connection shall be controlled by manually activated valves or other
similar devices [which shall be secured with a locking mechanism] and any
stormwater that accumulates in the containment area shall be at a minimum visually
observed for color, foam, and visible sheens, prior to release of the accumulated
stormwater. Accumulated stormwater shall be released if found to be
uncontaminated. Records documenting the individual making the observation, the
description of the accumulated stormwater and the date and time of the release shall
be kept for a period of five years.
(3) A narrative description shall be provided of Best Management Practices (BMPs) to
be considered such as, but not limited to, oil and grease separation, debris control,
vegetative filter strips, infiltration and stormwater detention or retention, where
necessary. The need for structural BMPs shall be based on the assessment of
potential of sources to contribute significant quantities of pollutants to stormwater
discharges and data collected through monitoring of stormwater discharges.
(4) Inspection schedules of stormwater conveyances and controls and measures to be
taken to limit or prevent erosion associated with the stormwater systems.
C. Spill Prevention and Response Plan. The Spill Prevention and Response Plan shall
incorporate a risk assessment of potential pollutant sources based on a materials inventory
of the. facility. Facility personnel (or team) responsible for implementing the plan shall be
identified in the plan. A responsible person shall be on -site at all times during facility
operations that have the potential to contaminate stormwater runoff through spills or
exposure of materials associated with the facility operations.
d. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance
program shall be developed. The program shall document schedules of inspections and
maintenance activities of stormwater control systems, plant equipment and systems.
Inspection of material handling areas and regular cleaning schedules of these areas shall be
incorporated into the program.
e. Employee Training. Training schedules shall be developed and training provided at a
minimum on an annual basis on proper spill response and cleanup procedures and
preventative waintenanc;e activities foi all personnel involved In any of the fatality's
Page 5

Permit No. NCS000037
operations that have the potential to contaminate stormwater runoff. Facility personnel (or
team) responsible for implementing the training shall be identified in the Plan.
f. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position(s) assignments provided.
g. Plan Ammendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. The Stormwater Pollution
Prevention Plan shall be reviewed and updated on an annual basis.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying (tie Plan to ineet irunuiium
requirements. The permittee shall provide certification in writing (in accordance with Part
II, Standard Conditions, Section B, #9) to the Director that the changes have been made.
h. Facility Inspections. Inspections of the facility and all stormwater systems shall occur at a
minimum on a semiannual schedule, once in the fall (September -November) and once
during the spring (April - June). The inspection and any subsequent maintenance activities
performed shall be documented, recording date and time of inspection, individual(s)
making the inspection and a narrative description of the facility's stormwater control
systems, plant equipment and systems. Records of these inspections shall be incorporated
into the Stormwater Pollution Prevention Plan.
Visual monitoring as required in I.A.2.g.(3) shall be performed in addition to facility
inspections.
i. Implementation. Implementation of the plan shall include documentation of all monitoring,
measurements, inspections and maintenance activities and training provided to employees,
including the log of the sampling data and of activities taken to implement BMPs associated
with the industrial activities, including vehicle maintenance activities. Such documentation
shall be kept on -site for a period of five years and made available to the Director or his
authorized representative immediately upon request.
Page 6

Permit No. NCS000037
2. Minimum Monitoring and Reporting Requirements
Minimum monitoring and reporting requirements are as follows unless otherwise approved in
writing by the Director of the Division of Environmental Management.
a. The Permittee has sucessfully demonstrated that the outfalls OF-3C, 0E-3D, and OF-3E
from the Closed Landfill Site II are substantially identical. Only outfall OF-3D is required
to be sampled from Closed Landfill Site II. All other stormwater outfalls covered by this
Permit must be sampled.
b. Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry
weather flow shall be performed at all stormwater discharge outfall locations. All visual
monitoring shall be documented and records maintained with the Stormwater Pollution
Prevention Plan. The initial visual monitoring event shall be performed simultaneously
with the first analytical monitoring event and documentation of only this initial visual
monitoring event shall be submitted along with the required analytical monitoring submittal.
C. For purposes of the stormwater sampling required in this permit, all samples shall be
collected from a discharge resulting from a representative storm event (See Part II,
Standard Conditions, Section A). Failure to monitor storm events in accordance with the
specified frequency shall constitute a violation of this permit. If the stormwater runoff is
controlled by a detention pond, the following sampling requirements shall apply:
(1) If the detention pond detains the runoff generated by one inch of rainfall for 24
hours, visual observations for color, foam, outfall staining, visible sheens, and dry
weather flow are required, but analytical sampling shall not be required.
(2) If the detention pond discharges only in response to a storm event exceeding a 25-
year, 24-hour storm (See Part II, Standard Conditions, Section A), the pond shall
be considered a non -discharging stormwater control system and not subject to
NPDES requirements, unless the discharge causes a violation of water quality
standards.
d. Samples analyzed in accordance with the terms of this permit shall be submitted on forms
provided by the Director no later than January 31 for the previous year in which sampling
was required to be performed.
e. Analytical results from sampling during the final year of the permit term shall be submitted
with the permit renewal application.
f. This permit regulates stormwater discharges. Non-stormwater discharges which shall be
allowed in the stormwater conveyance system are:
(1) All other discharges that are authorized by a non-stormwater NPDES permit.
(2) Uncontaminated groundwater, foundation drains, air -conditioner condensate
without added chemicals, springs, discharges of uncontaminated potable water,
waterline and fire hydrant flushings, water from footing drains, flows from riparian
habitats and wetlands.
(3) Discharges resulting from fire -fighting.
If the storm event monitored and reported in accordance with this permit coincides with a
non-stormwater discharge, the permittee shall separately monitor and report all parameters
Page 7

Permit No. NCS000037
as required under the non-stormwater discharge permit and provide this information with
the stormwater discharge monitoring report.
g. Specific Stormwater Monitoring Requirements
The speck stormwater monitoring requirements includes both analytical and visual monitoring of
stormwater samples. Specific inui itu uig tequueinents are defined below.
(1) Analytical Monitoring
Stormwater Discharge
Characteristics
Units
Measurement
Fr uenc 1
Sample
TvDe2
Sample
Loeation3
Chemical Oxygen Demand
m
annually
Grab
SDO
Total Suspended Solids
m
annually
Grab
SDO
phenol$
mg/1
annually
Urab
SDO
Total Rainfahl4
inches
Event Duration4
minutes
Total Flow4
MG
SDO
Footnotes:
1 Measurement Frequency: The facility must perform analytical sampling during the
first acid last year of the perialt teiiii iegaidless of cut-off coitceiitration conditions.
2 Sample Type: Defined in Part H, Standard Conditions, Section A.
3 Sample Location: Samples to be taken at each stormwater discharge outfall (SDO)
unless representative outfall status has been granted.
4 For each sampled representative storm event the total precipitation, storm duration,
and total flow must be monitored. Total flow shall be either; (a) measured
continuously, (b) calculated based on the amount of area draining to the outfall, the
atuount of guilt -upon (impervious) area, and the total amount of rainfall, or (c)
estimated by the measurement of flow at 20 minute intervals during the rainfall
event.
(2) Cut-off Concentrations
The arithmetic mean of all analytical sampling results collected during the term of the permit
shall be calculated for each parameter and compared to the cut-off concentrations listed below.
If the arithmetic mean meets the specified cut-off concentration condition for a given parameter,
then the facility is not required to continue annual analytical monitoring for that parameter
during the term of the permit unless a significant change in facility operations or configuration
occurs. If a cut-off concentration results in discontinued analytical monitoring, the permittee is
required to maintain facility operations that ensure the continuation of stormwater runoff
quality.
Page 8

Permit No. NCS000037
The permittee must perform analytical sampling during the first and last year of the permit term
regardless of cut-off concentration conditions. Analytical results from sampling during the
final year of the permit term must be submitted with the permit renewal application.
Stormwater Dischar e Characteristics
ut-off Concentration
Chemical Oxygen Demand
< 120 m
Total Suspended Solids
< I00 m
Phenols
< .001 mg/1
(3) Visual Monitoring
Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless
of representative outfall status, for the purpose of evaluating the effectiveness of the
Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater
pollution. No analytical tests are required. Visual monitoring of stormwater outfalls does not
need to be performed during a representative storm event.
Stormwater Discharge
Characteristics
ELeQpencyi
Monitoring
jyj&2
Monitoring
Location3
Color
Semi -Annual
Visual
SDO
Odor
Semi -Annual
Visual
SDO
Clarity
Semi -Annual
Visual
SDO
Floating Solids
Semi -Annual
Visual
SDO
Suspended Solids
Semi -Annual
Visual
SDO
Foam
Semi -Annual
Visual
SDO
Oil Sheen
Semi -Annual
Visual
SDO
Other obvious indicators
of stormwater pollution
Semi -Annual
Visual
SDO
Footnotes.
1 Frequency: The first visual monitoring event during the term of the permit must be
performed during the initial analytical monitoring event. All subsequent visual
monitoring will be performed twice per year, once in the spring and once in the fall.
2 Monitoring Type: Visual monitoring requires a qualitative visual observation of each
stormwater outfall. No analytical testing or sampling is required.
3 Sample Location: Stormwater Discharge Outfall (SDO)
Page 9

Permit No. NCS000037
SECTION B: SCHEDULE OF COMPLIANCE
The permittee shall comply with Final Limitations and Controls specified for stormwater
discharges in accordance with the following schedule:
The Stormwater Pollution Prevention Plan shall be developed and implemented within 12
months of the effective date of this permit and updated thereafter on an annual basis.
Secondary containment, as specified in Part I, Section A, 1. b. 2. of this permit, shall be
accomplished within 24 months of the effective date of this permit.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
permitted stormwater controls at optimum efficiency.
Page 10

PART II
STANDARD CONDITIONS FOR NPDES STOR14WATER PERMITS
•M_ B •R
1. Act or "the Act" or CWA
The Federal Water Pollution Control Act, also known as the Clean Water
Act, as amended, 33 USC 1251, et. seq.
2. Best Management Practices (BMPS)
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to prevent or reduce the
pollution of wraterr. of the United States. BMFs also include tteaticient
requirements, operation procedures, and practices to control plant site
runoff, spillage or leaks, sludge or waste disposal, or drainage from
raw material storage.
3. Calculation of Means
a. Arithmetic Mean: The arithmetic mean of any set of values is the
summation of the individual values divided by the number of individual
values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root
of the product of the individual values where N is equal to the number
of individual values. The geometric mean is equivalent to the antilog
of the arithmetic mean of the logarithms of the individual values. For
purposes of calculating the geometric mean, values of zero (0) shall be
considered to be one (1).
C. Weighted by Flow Value: Weighted by flow value means the summation of
each concentration times its respective flow divided by the summation of
the respective flows.
4. Bulk SUumage of Lieauid Products
Liquid raw materials, manufactured products, waste materials or by-
products with a single above ground storage container having a capacity
of greater than 660 gallons or with multiple above ground storage
containers having a total storage capacity of greater than 1,320
gallons.
5. Calendar Day
The period from midnight of one day until midnight of the next day.
However, for purposes of this permit, any consecutive 24-hour period
that reasonably represents the calendar day may be used for sampling.
6. Coal Pile Runoff
Page 10 of 27 Pages

The. rainfall ninoff from or through any coal storage pile.
The Division of Environmental Management, Department of Environment,
Health and Natural Resources.
The Director of the Division of Environmental Management, the permit
issuing authority.
The North Carolina Environmental Management Commission.
10 Hazardous Substance
Any substance designated under'40 CFR Part 116 pursuant to Section 311
of the Clean Water Act.
11. Landfill
A disposal facility or part of a disposal facility where waste is placed
in or on land and which is not a land treatment facility, a surface
impoundment, an injection well, a hazardous waste long-term storage
facility or a surface storage facility.
12. Large or medium M i al SeT)arate Storm Sewer System
All municipal separate storm sewers that are either:
a. Located in an incorporated place with a population of 100,000 or more as
determined by the Decennial Census by the Bureau of Census; or
b. Located in the counties with unincorporated urbanized populations of
100,000 or more, except municipal separate storm sewers that are located
in the incorporated places, townships or towns within such cotint i es; or
C. Owned or operated by a municipality other than those described in
paragraph (a) or (b) and that are designated by the Director as part of
the large or medium separate storm sewer system.
13. Overburden
Any material of any nature, consolidated or unconsolidated, that
overlies a mineral deposit, excluding topsoil or similar naturally -
occurring surface materials that are not disturbed by mining operations.
14. Permittee
The owner or operator issued a permit.
15. Point Source Discharae
Page 11 of 27 Pages

Any discernible, confined and discrete conveyance, including but
specifically not limited to, any pipe, ditch, channel, tunnel, conduit,
well, discrete fissure, container, rolling stock, or concentrated animal
feeding operation from which pollutants are or may be discharged to
waters of the state.
16. Representative Storm Event
A storm event that is preceded by at least 72 hours in which no storm
event measuring greater than 0.1 inches has occurred.
17. Runoff Coefficient
The fraction of total rainfall that is not infiltrated into or otherwise
retained by the soil, concrete, asphalt or other surface upon which it
falls that will appear aL We cuiiveyanue as ruaiutt.
18. Secondary Containment
Containment for the contents of the single largest tank within the
containment structure plus sufficient freeboard to allow for the 25-
year, 24-hour storm event.
19. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the
Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled
the Emergency Planning and Community Right -to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA
title III, Section 313 reporting requiremeiiLs; aiicl
C. That meet at least one of the following criteria:
(1) Is listed in appendix P of 40 CFR part. 122 on either Table II (organic
priority pollutants), Table III (certain metals, cyanides, and phenols)
or Table V (certain toxic pollutants and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of
the CWA at 40 CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water
quality criteria.
20. Sianificant Materials
Includes, but is not limited to: raw materials; fuels; materials such as
solvents, detergents, and plastic pellets; finished materials such as
metallic products; raw materials used in food processing or production;
hazardous substances designated under section 101(14) of CERCLA; any
chemical the facility is required to report pursuant to section 313 of
Title III of SARA; fertilizers; pesticides; and waste products such as
Page 12 of 27 Pages

0
ashes, slag and sludge that have the potential to be released with
stormwater discharges.
21. Sicmificant Spills
Includes, but is not limited to: releases of oil or hazardous substances
in excess of reportable quantities under section 311 of the Clean Water
Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref:
40 CFR 302.4).
The flow of water which results from precipitation and which occurs
iumediaLely following rainfall or as a result of snowmelt.
23. Stormwater Rssociated with Tnd,.ustrial Activitv
The discharge from any point source which is used for collecting and
conveying stormwater and which is directly related to manufacturing,
processing or raw material storage areas at an industrial site. The
term does not include discharges from facilities or activities excluded
from the NPDES program. For the categories of industries identified in
(a) through (j) of this definition the term includes, but is not limited
to, stormwater discharges from industrial plant yards; immediate access
roads and rail lines used or traveled by carriers of raw materials,
manufactured products, waste material, or by-products used or created by
the facility; material handling sites; refuse sites; sites used for the
application or disposal of process wastewaters; sites used for the
storage and maintenance of material handling equipment; sites used for
residual treatment, storage, or disposal; shipping and receiving areas;
manufacturing buildings; storage areas (including tank farms) for raw
materials, and intermediate and finished products; and areas where
industrial activity has taken place in the past and significant
materials remain and are exposed to stormwater. For the categories of
industries identified in (k), the term includes only stormwater
discharges from all areas listed in the previous sentence (except access
roads) where material handling equipment or activities, raw material,
inleimodiatc products, final products, waste material, by --products, or
industrial machinery are exposed to stormwater. Material handling
activities include the: storage, loading and unloading, transportation,
or conveyance of any raw material, intermediate product, finished
product, by-product or waste product. The .term excludes areas located
on plant lands separated from the plant's industrial activities, such as
office buildings and accompanying parking lots as long as the drainage
from the excluded areas is not mixed with stormwater drained from the
above described areas. Industrial facilities (including industrial
facilities that are Federally or municipally owned or operated that meet
the description of the facilities listed in (a)-(k)) include those
facilities designated under 40 CFR 122.26(a)(1)(v).
The following categories of facilities are considered to be engaging in
"industrial activity":
Page 13 of 27 Pages

a. Facilities subject to stormwater effluent limitations guidelines, new
source performance standards, or toxic pollutant effluent standards
under 40 CFR Subchapter N Parts 400 - 471 (except facilities which are
exempted under (k) of this definition);
b. Facilities classified as Standard Industrial Classifications 24 (except
2434), 26 (except 265 and 267), 28, 29, 30, 311, 32, 33, 3441, 373;
C. Facilities classified as Standard Industrial Classifications 10 through
14 (mineral industry) including active or inactive mining operations
(except for areas of coal mining operations meeting the definition of a
reclamation area under 40 CFR 434.11(1)) and oil and gas exploration,
production, processing, or treatment operations, or transmission
facilities that discharge stormwater contaminated by contact with or
that has come in contact with, any overburden, raw material,
intermediate products, finished products, byproducts or waste products
located on the site of such o�porations; inactive mining operations ars
Milling sites tliaL axe uuL being actively mined, buL which have atr
identifiable owner/operator;
d. Hazardous waste treatment, storage, or disposal facilities, including
those that are operating under interim status or a permit under Subtitle
C of RCRA;
e. Landfills, land application sites, and open dumps that receive or have
received any industrial wastes (waste that is received from any of the
facilities described under this definition) including those that are
subject to regulation under Subtitle D of RCRA;
f. Facilities involved in the recycling of materials, including metal
scrapyards, battery reclaimers, salvage yards and automobile junkyards,
including but limited to those classified as Standard Industrial
Classification 5015 and 5093;
g. Steam electric power generating facilities, including coal handling
sites;
h. Transportation facilities classified as Standard Industrial
Classifications 40, 41, 42, 44, and 45 which have vehicle maintenance
shops, equipment cleaning operations, or airport deicing operations.
Only those portions of the facility that are either involved in vehicle
maintenance (including vehicle rehabilitation, mechanical repairs,
painting, fueling and lubrication), equipment cleaning operations,
airport deicing operations, or which are otherwise identified under (a)-
(g) or (i)-(k) of this definition are associated with industrial
activity;
i. Treatment works treating domestic sewage or any other sewage sludge or
wastewater treatment device or system, used in the storage treatment,
recycling, and reclamation of municipal or domestic sewage, including
lands dedicated to the disposal of sewage sludge that are located within
the confines of the facility, with a design flow of 1.0 mgd or more, or
required to have an approved pretreatment program under 40 CFR part 403.
Not included are farm lands, domestic gardens or lands used for sludge
Page 14 of 27 Pages

management where sludge is beneficially reused acid which rile 1ioL
physically located in the confines of the facility, or areas that are in
compliance with section 405 of the CWA;
j. Construction activity including clearing, grading and excavation
activities except: operations that result in the disturbance of less
that five acres of total land area which are not part of a larger common
plan of development or sale;
k. Facilities under Standard Industrial Classifications 20, 21, 22, 23,
2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except
3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not
otherwise included within (a)-(j) of this definition).
24. Ten Year Desian Storm
The precipitation event of a duration which will produce the maximum
peak rate of runoff for the watershed of interest resulting from a
rainfall event of an intensity expected to be equalled or exceeded, on
the average, once in ten years.
25. Total Flow
The flow corresponding to the time period over which the sample
collection occurs. The total flow calculated based on the size of the
area dtailiLig Lo Lhe ouitfall, the atnouuit of the buiiltL upon surfaces
within the drainage area, and the total amount of rainfall occurring
during the sampling period.
26. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water
Act.
27. Types of Samples
a. Grab samples are individual samples collected instantaneously. Grab
samples miist he taken within the first 30 minutes of the storm event.
b. Composite Sample: a composite sample shall meant
(1) A flow -weighted composite sample, which is a mixture of aliquots
collected at a constant time interval, where the volume of each aliquot
is proportional to the flow rate of the discharge at the time the sample
is collected; or
(2) A time -weighted composite sample, which is a mixture of equal volume
aliquots collected at a constant interval of time.
A composite sample can be obtained from the collection of a series of
grab samples, taken at intervals of no greater than 20 minutes for the
entire storm event or the first three hours of the storm event. The
grab sample to be composited must be of no less than 100 milliliters.
Page 15 of 27 Pages

28. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling,
lubrication, vehicle cleaning operations, or airport deicing operations.
s- •
Solid particulate matter, both mineral and organic, that has been or is
being transported by water, air, gravity, or ice from its site of origin
which can be seen with the unaided eye.
30. Waste Pile
Any noncontainerized accumulation of solid, nonflowing waste that is
used for treatment or storage.
31. 25-YQQX, 24 hQLur -atQrm eYQnt
The maximum 24-hour precipitation event expected to be equalled or
exceeded, on the average, once in 25 years.
SECTION B. GENERAL CONDITIONS
.u•
The permittee must comply with all conditions of this permit. Any
permit noncompliance constitutes a violation of the Clean Water Act and
is grounds for enforcement action; for permit termination, revocation
and reissuance, or modification; or denial of a permit renewal
application.
a. The permittee shall comply with effluent standards or prohibitions
established under section 307(a) of the Clean Water Act for toxic
pollutants within the time provided in the regulations that establish
these standards or prohibitions, even if the permit has not yet been
modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit
condition is subject to a civil penalty not to exceed $25,000 per day
for each violation. Any person who negligently violates any permit
condition is subject to criminal penalties of $2,500 to $25,000 per day
of violation, or imprisonment for not more than 1 year, or both. Any
person who knowingly violates permit conditions is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for
not more than 3 years, or both. Also, any person who violates a permit
condition may be assessed an administrative penalty not to exceed
$10,000 per violation with the maximum amount not to exceed $125,000.
[Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
C. Under state law, a daily civil penalty of not more than ten thousand
dollars ($10,000) per violation may be assessed against any person who
violates or fails to act in accordance with the terms, conditions, or
Page 16 of 27 Pages

requirements of a permit. [Ref: North Carolina General Statutes 143-
215.6A]
d. Any person may be assessed an administrative penalty by the
Administrator for violating section 301, 302, 306, 307, 308, 318, or 405
of the Act, or any permit condition or limitation implementing any of
such sections in a permit issued under section 402 of the Act.
Administrative penalties for Class I violations are not to exceed
$10,000 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $25,000. Penalties for Class II violations are
not to exceed $10,000 per day for each day during which the violation
continues, with the maximum amount of any Class II penalty not to exceed
$125,000.
2
3.
4.
5.
6.
The permittee shall take all reasonable steps to minimize or prevent any
discharge in violation of this permit which has a reasonable likelihood
of adversely affecting human health or the environment.
Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, C.3.),
nothing in this permit shall be construed to relieve the permittee from
any responsibilities, liabilities, or penalties for noncompliance
puzsuant to NCGS 143 215.3, 143 215.6A, 143 215.6B, 143 215.6C or
Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee
is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be temporarily
suspended.
Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of
any legal action or relieve the permittee from any responsibilities,
liabilities, or penalties to which the permittee is or may be subject to
under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC
1321. Furthermore, the permittee is responsible for consequential
damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.
The issuance of this permit does not convey any property rights in
either real or personal property, or any exclusive privileges, nor does
it authorize any injury to private property or any invasion of personal
rights, nor any infringement of Federal, State or local laws or
regulations.
Severability
The provisions of this permit are severable, and if any provision of
this permit, or the application of any provision of this permit to any
circumstances, is held invalid, the application of such provision to
Page 17 of 27 Pages

other circumstances, and the remainder of this permit, shall not be
affected thereby.
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time,
any information which the Director may request to determine whether
cause exists for modifying, revoking and reissuing, or terminating this
permit or to determine compliance with this permit. The permittee shall
also furnish to the Director upon request, copies of records required
to be kept by this permit.
8. Expiration of Permit
The permittee is not authorized to discharge after the expiration date.
In order to receive automatic authorization to discharge beyond the
expiration date, the permittee shall submit such information, Corms, and
fees as are required by the agency authorized to issue permits no later
than 180 days prior to the expiration date. Any permittee that has not
requested renewal at least 180 days prior to expiration, or any
permittee that does not have a permit after the expiration and has not
requested renewal at least 180 days prior to expiration, will subject
the permittee to enforcement procedures as provided in NCGS 143-215.6
and 33 USC 1251 et. seq.
All applications, reports, or information submitted to the Director
shall be signed and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose
of this Section, a responsible corporate officer means: (a) a
p esident, stctetaiy, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who
performs similar policy or decision making functions for the
corporation, or (h) the manager of one or more manufacturing production
or operating facilities employing more than 250 persons or having grass
annual sales or expenditures exceeding 25 million (in second quarter
1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the
proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a
principal executive officer or ranking elected official.
b. All reports required by the permit and other information requested by
the Director shall be signed by a person described above or by a duly
authorized representative of that person. A person is a duly authorized
representative only if:
Page 18 of 27 Pages

(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having
responsibility for the overall operation of the regulated facility or
activity, such as the position of plant manager, operator of a well or
well field, superintendent, a position of equivalent responsibility, or
an individual or position having overall responsibility for
environmental matters for the company. (A duly authorized representative
may thus be either a named individual or any individual occupying a
named position.); and
(3) The written authorization is submitted to the Director.
C. Certification. Any person signing a document under paragraphs a. or b.
of this section shall make the following certification:
"I certify, under penalty of law, that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware
that there are significant penalties for submitting false _
information, including the possibility of fines and imprisonment
for knowing violations."
10. Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit sloes not prohibit the Director from
reopening and modifying the permit, revoking and reissuing the permit,
or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123;
Title 15A of the North Carolina Administrative Code, Subchapter 2H
.UIUU; and North Carolina General Statute 143-215.1 at. al.
11. ,hermit Actions
This permit may be modified, revoked and reissued, or terminated for
cause. The notification of planned changes or anticipated noncompliance
does not stay any permit condition.
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related
Page 19 of 27 Pages

2.
3.
a.
appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate
quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems which are installed
by a permittee only when the operation is necessary to achieve
compliance with the conditions of the permit.
It shall not be a defense for a permittee in an enforcement action that
it would have been necessary to halt or reduce the permitted activity
in order to maintain compliance with the condition of this permit.
lief iiii LiunS
(1) "Bypass" means the known diversion of stormwater from any portion of a
stormwater control facility including the collection system, which is
not a designed or established or operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property,
damage to the control facilities which causes them to become iriopexable,
or substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. Severe
property damage does not mean economic loss caused by delays in
production.
b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which does not cause
effluent limitations to be exceeded, but only if it also is for
essential maintenance to assure efficient operation. These bypasses are
not subject to the provisions of Paragraphs c. and d. of this section.
c. Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a
bypass, it shall submit prior notice, if possible at least tan days
before the date of the bypass; including an evaluation of the
anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an
unanticipated bypass as required in Part II, E. 5. of this permit.
(24-hour notice).
d. Prohibition of Bypass
(1) Bypass is prohibited and the Director may take enforcement action
against a permittee for bypass, unless:
(a) Bypass was unavoidable to prevent loss of life, personal injury or
severe property damage;
Page 20 of 27 Pages

(b) There were no feasible alternatives to the bypass, such as the use
of auxiliary control facilities, retention of stormwater or
maintenance during normal periods of equipment downtime or dry
wgathgr. This condition is not satisfied if adequate backup
controls should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance;
and
(c) The permittee submitted notices as required under Paragraph c. of
this section.
(2) The Director may approve an anticipated bypass, after considering its
adverse effects, if the Director determines that it will meet the three
conditions listed above in Paragraph d. (1) of this section.
SMOMMOrp"MM
a. Definition.
"Upset " means an exceptional incident in which there is unintentional
and temporary noncompliance with technology based permit effluent
limitations because of factors beyond the reasonable control UL Lhe
permittee. An upset does not include noncompliance to the extent caused
by operational error, improperly designed treatment or control
facilities, inadequate treatment or control facilities, lack of
preventive maintenance, or careless or improper operation.
b. Effect of an upset.
An upset constitutes an affirmative defense to an action brought for
noncompliance with technology based permit effluent limitations if the
requirements of paragraph c. of this condition are met. No
determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial
review.
C. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset
shall demonstrate, through properly signed, contemporaneous operating
logs, or other relevant evidence that:
(1) An upset occurred and that the permittee can identify the cause(s) of
the upset;
(2) The permitted facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as required in Part II, E.
5. (b) (B) of this permit.
Page 21 of 27 Pages

(4) The permittee complied with any remedial measures required under Part
II, A. 2. of this permit.
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the
occurrence of an upset has the burden of proof.
Samples collected and measurements taken, as required herein, shall be
characteristic of the volume and nature of the permitted discharge.
Samples shall he taicen on a clay and time that is e-hararteristio of the
discharge. All samples shall be taken at the mui1iLu.L1ug po.iliLs
specified in this permit and, unless otherwise specified, before the
discharge joins or is diluted by any other waste stream, body of water,
or substance. Monitoring points shall not be changed without
notification to and approval of the Director.
Duplicate signed copies of all reports required herein, shall be
submitted to the following address:
Division of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 29535
Raleigh, North Carolina 27626-0535
3. Flow Measurements
Where required, appropriate flow measurement devices and methods
consistent with accepted scientific practices shall be selected and used
to ensure the accuracy and reliability of measurements of the volume of
monitored discharges.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC
regulations published pursuant to NCGS 143-215.63 et. seq, the Water and
Air Quality Reporting Acts, and to regulations published pursuant to
Section 304(g), 33 USC 1314, of the Federal Water Pollution Control
Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test
procedures must produce minimum detection and reporting levels that are
below the permit discharge requirements and all data generated must be
reported down to the minimum detection or lower reporting level of the
procedure. If no approved methods are determined capable of achieving
Page 22 of 27 Pages

minimum detection and reporting levels below general permit discharge
requirements, then the most sensitive (method with the lowest possible
detection and reporting level) approved method must be used.
5. Penalties for Tamoerina
The Clean Water Act provides that any person who falsifies, tampers
with, or knowingly renders inaccurate, any monitoring device or method
required to be maintained under this permit shall, upon conviction, be
punished by a fine of not more than $10,000 per violation, or by
imprisonment for not more than two years per violation, or by both. If
a conviction of a person is for a violation committed after a first
conviction of such person under this paragraph, punishment is a fine of
not more that $20,000 per day of violation, or by imprisonment of not
more than 4 years, or both.
5. Retards ReL-enL-ion
The permittee shall retain records of all monitoring information,
including all calibration and maintenance records and all original strip
chart recordings for continuous monitoring instrumentation, copies of
all reports required by this permit, for a period of at least 5 years
from the date of the sample, measurement, report or application. This
period may be extended by request of the Director at any time.
7.tgggrdinc_�tesults
For each measurement, sample, inspection or maintenance activity
performed or taken pursuant to the requirements of this permit, the
permittee shall record the following information:
a. The date, exact place, and time of sampling, measurements, inspection or
maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection
or maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Entry
The permittee shall allow the Director, or an authorized representative
(including an authorized contractor acting as a representative of the
Director), or in the case of a facility which discharges through a
municipal separate storm sewer system, an authorized representative of a
municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as
may be required by law, to;
Page 23 of 27 Pages

a. Enter upon the permittee's premises where a regulated facility or
activity is located or conducted, or where records must be kept under
the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must he
kept under the conditions of this permit;
C. Inspect at reasonable times any facilities, equipment (including
monitoring and control equipment), practices, or operations regulated or
required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring
general permit compliance or as otherwise authorized by the Clean Water
Act, any substances or parameters at any location.
SEUTION E. R-UPURTING "QUIRLIMENT5
1. Planned Chanaes
The permittee shall give notice to the Director as soon as possible of
any planned physical alterations or additions to the permitted facility.
Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the
criteria for determining whether a facility is a new source in 40 CFR
Part 122.29 (b); or
b. The alteration or addition could significantly change the nature or
increase the quantity of pollutants discharged. This notification
applies to pollutants which are subject neither to effluent limitations
in the permit, nor to notification requirements under 40 CFR Part 122.42
(a) (1) .
2. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned
changes in the permitted facility or activity which may result in
noncompliance with the permit requirements.
3. 'Transfers
This permit is not transferable to any person except after notice to and
approval by the Director. The Director may require modification or
revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary under the Clean -
Water Act.
4. Monitoring Reports
Monitoring results shall be reported at the intervals specified
elsewhere in this permit.
5. Twenty-four Hour Reportina
Page 24 of 27 Pages

a. The permittee shall report to the central office or the appropriate
regional office any noncompliance which may endanger health or the
environment. Any information shall be provided orally within 24 hours
from the: time the: pezriiLLee bec:awe aware ut Lhe CitUU![tSLWiC:eS. A
written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance,
and its causes; the period of noncompliance, including exact dates and
times, and if the noncompliance has not been corrected, the anticipated
time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.
b. The following shall be included as information which must be reported
within 24 hours under this paragraph.
(A) Any unanticipated bypass which exceeds any effluent limitation in the
permit.
(B) Any upset which exceeds any effluent limitation in the permit.
(C) Violation of a maximum daily discharge limitation for any of the
pollutants listed by the Director in the permit to be reported within 24
hours.
C. The Director may waive the written report on a case -by -case basis for
reports under paragraph b. above of this condition if the oral report
has been received within 24 hours.
6. Other Noncompliance
The permittee shall report all instances of noncompliance not reported
under Part II. E. 4 and 5. of this permit at the time monitoring reports
are submitted. The reports shall contain the information listed in Part
II. E. 5. of this permit.
11. Uther Information
Where the permit.t-ee becomes aware LhaL it. Lailecl t.0 sublidt. any ze:levaliL
facts in a permit application or in any report to the Director, it shall
promptly submit such facts or information..
8. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2)
or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in
accordance with the terms shall be available for public inspection at
the offices of the Division of Environmental Management. As required by
the Act, effluent data shall not be considered confidential. Knowingly
making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.6B or
in Section 309 of the Federal Act.
Page 25 of 27 Pages

e
9. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any
false statement, representation, or certification in any record or
other document submitted or required to be maintained under this permit,
including monitoring reports or reports of compliance or noncompliance
shall, upon conviction, be punished by a fine of not more than $10,000
per violation, or by imprisonment for not more than two years per
violation, or by both.
Part III
OTHER INFORMATION
A. Limitations Reopener
This permit shall he modified or alternatively, revoked and reissued, to
comply with any applicable effluent guideline or water quality standard
issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2)
and 307(a) of the Clean Water Act, if the effluent guideline or water
quality standard so issued or approved:
1. contains different conditions or is otherwise more stringent than any
effluent limitation in the permit; or
2. controls any pollutant not limited in the permit.
The permit as modified or reissued under this paragraph shall also
contain any other requirements in the Act then applicable.
PART IV
ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
A. The permittee must pay the administering and compliance monitoring fee
within 30 (thirty) days after being billed by the Division. Failure to
pay the fee in timely manner in accordance with 15A NC'AC 2H .0105(b)(4).
may cause this Division to initiate action to revoke the permit.
Page 26 of 27 Pages